In January, the United States Court of Appeals for the Ninth Circuit unanimously recognized the truth that sexual exploitation is nobody’s job by affirming that prostitution is not a constitutionally protected fundamental right in the case of Erotic Service Providers Legal, Education and Research Project (ESPLERP) v. Gascón.
On the contrary, the Court ruled it is a commercial activity fraught with dangers that the state has a “substantial interest” in preventing. This was a major victory for victims of sexual exploitation, as well as for the National Center on Sexual Exploitation, which had filed an amicus brief in support of the State of California and its prostitution laws.
Following the Court’s decision, our opponents in this battle filed a petition for rehearing en banc by the full 9th Circuit. Today, their petition was denied, reaffirming the initial victory in January.